HB3494 101ST GENERAL ASSEMBLY

LRB101 10571 SMS 55677 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3494

Introduced , by Rep. Michelle Mussman

SYNOPSIS AS INTRODUCED:

New Act

Creates the Physician Gift Ban Act. Prohibits a pharmaceutical marketer from providing any promotions, including, but not limited to, travel and prizes, to a physician to induce the physician to prescribe Tier 1 medications.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Physician Gift Ban Act.

Section 5. Definitions. As used in this Act:

"Labeler" means an entity or person that receives prescription drugs from a manufacturer or wholesaler and repackages those drugs for later retail sale and that has a labeler code from the Food and Drug Administration under 21 C.F.R. 207.20. "Labeler" does not include a retail pharmacy or pharmacist that labels a prescription vial.

"Manufacturer" means a manufacturer of prescription drugs as defined in 42 U.S.C. 1396r-8 (k)(5), including a subsidiary or affiliate of a manufacturer.

"Pharmaceutical marketer" means a person who, while employed by or under contract to represent a manufacturer or labeler, engages in pharmaceutical detailing, promotional activities, or other marketing of prescription drugs in this State to any physician, hospital, nursing home, pharmacist, health benefit plan administrator, or any other person authorized to prescribe or dispense prescription drugs.

"Physician" means a physician licensed to practice medicine in all its branches under the Medical Practice Act of 1987.

Section 10. Prohibited gifts. A pharmaceutical marketer may not provide a physician with any promotions, including, but not limited to, paid travel and prizes, to induce the physician to prescribe Tier 1 medications.